THE LIMITATION ACT, 1908

(ACT NO. IX OF 1908).

[7th August, 1908]

1
An Act to consolidate and amend the law for the Limitation of
Suits, and for other purposes.

WHEREAS it is expedient to consolidate and amend the law relating to

the limitation of suits, appeals and certain applications to Courts; and
whereas it is also expedient to provide rules for acquiring by possession the
ownership of easements and other property; It is hereby enacted as follows:-

PART I

PRELIMINARY

Short title, extent 1. (1) This Act may be called the limitation act, 1908.
and
commencement (2) It extends to the whole of Bangladesh.

(3) This section and section 31 shall come into force at once.
The rest of this Act shall come into force on the first day of
January, 1909.

Definitions 2. In this Act, unless there is anything repugnant in the subject

or context,-

(1) “applicant” includes any person from or through whom an

applicant derives his right to apply:

(2) “bill of exchange” includes a hundi and a cheque:

(3) “bond” includes any instrument whereby a person obliges

himself to pay money to another, on condition that the
obligation shall be void if a specified act is performed, or is not
performed, as the case may be:

(4) “defendant” includes any person from or through whom a

 defendant derives his liability to be sued:

(5) “easement” includes a right not arising from contract, by

which one person is entitled to remove and appropriate for his
own profit any part of the soil belonging to another or anything
growing in, or attached to or subsisting upon, the land of
another:

(6) “foreign country” means any country other than Bangladesh

2
[ * * *]:

(7) “good faith”: nothing shall be deemed to be done in good

faith which is not done with due care and attention:

(8) “plaintiff” includes any person from or through whom a

plaintiff derives his right to sue:

(9) “promissory note” means any instrument whereby the

maker engages absolutely to pay a specified sum of money to
another at a time therein limited, or on demand, or at sight:

(10) “suit” does not include an appeal or application: and

(11) “trustee” does not include a benamider, a mortgagee

remaining in possession after the mortgage has been satisfied,
or a wrong-doer in possession without title.

PART II

LIMITATION OF SUITS, APPEALS AND

APPLICATIONS

Dismissal of 3. Subject to the provisions contained in sections 4 to 25

suits, etc, (inclusive), every suit instituted, appeal preferred, and
instituted, etc, application made, after the period of limitation prescribed
after period of therefor by the first schedule shall be dismissed, although
limitation limitation has not been set up as a defence.

Explanation.-A suit is instituted, in ordinary cases, when the

plaint is presented to the proper officer; in the case of a pauper,
when his application for leave to sue as a pauper is made; and,
in the case of a claim against a company which is being wound
up by the Court, when the claimant first sends in his claim to
the official liquidator.
Where Court is 4. Where the period of limitation prescribed for any suit, appeal
closed when or application expires on a day when the Court is closed, the
period expires suit, appeal or application may be instituted, preferred or made
on the day that the Court re-opens.

Extension of 5. Any appeal or application for a revision or a review of

period in certain judgment or for leave to appeal or any other application to
cases which this section may be made applicable by or under any
enactment for the time being in force may be admitted after the
period of limitation prescribed therefor, when the appellant or
applicant satisfies the Court that he had sufficient cause for not
preferring the appeal or making the application within such
period.

Explanation - The fact that the appellant or applicant was

misled by any order, practice or judgment of the High Court
Division in ascertaining or computing the prescribed period of
limitation may be sufficient cause within the meaning of this
section.

Legal disability 6. (1) Where a person entitled to institute a suit or proceeding

or make an application for the execution of a decree is, at the
time from which the period of limitation is to be reckoned, a
minor, or insane, or an idiot, he may institute the suit or
proceeding or make the application within the same period after
the disability has ceased, as would otherwise have been allowed
from the time prescribed therefore in the third column of the
first schedule or in section 48 of the Code of Civil Procedure,
1908.

(2) Where such person is, at the time from which the period of
limitation is to be reckoned, affected by two such disabilities,
or where, before his disability has ceased, he is affected by
another disability, he may institute the suit or make the
application within the same period, after both disabilities have
ceased, as would otherwise have been allowed from the time so
prescribed.

(3) Where the disability continues up to the death of such

 person, his legal representative may institute the suit or make
the application within the same period after the death as would
otherwise have been allowed from the time so prescribed.

(4) Where such representative is at the date of the death

affected by any such disability, the rules contained in sub-
sections (1) and (2) shall apply.

Illustrations

(a) The right to sue for the hire of a boat accrues to A during
his minority. He attains majority four years after such accruer.
He may institute his suit at any time within the years from the
date of his attaining majority.

(b) A right to sue accrues to Z during his minority. After the

accruer, but while Z is still a minor, he becomes insane. Time
runs against Z from the date when his insainity and minority
cease.

(c) A right to sue accrues to X during his minority. X dies

before attaining majority, and is succeeded by Y, his minor son.
Time runs against Y from the date of his attaining majority.

Disability of one 7. Where one of several persons jointly entitled to institute a

of several suit or proceeding or make an application for the execution of a
plaintiffs or decree is under any such disability, and discharge can be given
applicants without the concurrence of such person, time will run against
them all: but, where no such discharge can be given, time will
not run as against any of them until one of them becomes
capable of giving such discharge without the concurrence of the
others or until the disability has ceased.

Illustrations

(a) A incurs a debt to a firm of which B, C and D are partners.

B is insane, and C is a minor. D can give a discharge of the
debt without the concurrence of B and C. Time runs against B,
C and D.

(b) A incurs a debt to a firm of which E, F and G are partners. E

and F are insane, and G is a minor. Time will not run against
 any of them until either E or F becomes sane, or G attains
majority.

Special 8. Nothing in section 6 or in section 7 applies to suits to enforce

exceptions rights of pre-emption, or shall be deemed to extend, for more
than three years from the cessation of the disability or the death
of the person affected thereby, the period within which any suit
must be instituted or application made.

Illustrations

(a) A, to whom a right to sue for a legacy has accrued during

his minority, attains majority eleven years after such accruer. A
has, under the ordinary law, only one year remaining within
which to sue. But under section 6 and this section an extension
of two years will be allowed him, making in all a period of
three years from the date of his attaining majority, within which
he may bring his suit.

(b) A right to sue for an hereditary office accrues to A who at

the time is insane. Six years after the accruer A recovers his
reason. A has six years, under the ordinary law, from the date
when his insanity ceased within which to institute a suit. No
extension of time will be given him under section 6 read with
this section.

(c) A right to sue as landlord to recover possession from a

tenant accrues to A, who is an idiot. A dies three years after the
accruer, his idiocy continuing up to the date of his death. A's
representative in interest has, under the ordinary law, nine years
from the date of A's death within which to bring a suit. Section
6 read with this section does not extend that time, except where
the representative is himself under disability when the
representation devolves upon him.

Continuous 9. Where once time has begun to run, no subsequent disability

running of time or inability to sue stops it:

Provided that where letters of administration to the estate of a

creditor have been granted to his debtor, the running of the time
prescribed for a suit to recover the debt shall be suspended
 while the administration continues.

Suits against 10. Notwithstanding anything hereinbefore contained, no suit

express trustees against a person in whom property has become vested in trust
and their for any specific purpose, or against his legal representatives or
representatives assigns (not being assigns for valuable consideration), for the
purpose of following in his or their hands such property or the
proceeds thereof, or for an account of such property or
proceeds, shall be barred by any length of time.

For the purposes of this section any property comprised in a

Hindu, Muslim or Buddhist religious or charitable endowment
shall be deemed to be property vested in trust for a specific
purpose, and the manager of any such property shall be deemed
to be the trustee thereof.

Suits on foreign 11. (1) Suits instituted in Bangladesh on contracts entered into
contracts in a foreign country are subject to the rules of limitation
contained in this Act.

(2) No foreign rule of limitation shall be a defence to a suit

instituted in Bangladesh on a contract entered into in a foreign
country, unless the rule has extinguished the contract and the
parties were domiciled in such country during the period
prescribed by such rule.

PART III

COMPUTATION OF PERIOD OF LIMITATION

Exclusion of time 12. (1) In computing the period of limitation prescribed for any
in legal suit, appeal or application, the day from which such period is to
proceedings be reckoned shall be excluded.

(2) In computing the period of limitation prescribed for an

appeal, an application for leave to appeal and an application for
a review of judgment, the day on which the judgment
complained of was pronounced, and the time requisite for
obtaining a copy of the decree, sentence or order appealed from
or sought to be reviewed, shall be excluded.
 (3) Where a decree is appealed from or sought to be reviewed,
the time requisite for obtaining a copy of the judgment on
which it is founded shall also be excluded.

(4) In computing the period of limitation prescribed for an

application to set aside an award, the time requisite for
obtaining a copy of the award shall be excluded.

Exclusion of time 13. In computing the period of limitation prescribed for any
of defendant’s suit, the time during which the defendant has been absent from
absence from Bangladesh and from the territories beyond Bangladesh under
Bangladesh and the administration of the 3[ Government] shall be excluded.
certain other
territories

Exclusion of time 14. (1) In computing the period of limitation prescribed for any
of proceeding suit, the time during which the plantiff has been prosecuting
bona fide in with due diligence another civil proceeding, whether in a Court
Court without of first instance or in a Court of appeal, against the defendant,
jurisdiction shall be excluded, where the proceeding is founded upon the
same cause of action and is prosecuted in good faith in a Court
which, from defect of jurisdiction, or other cause of a like
nature, is unable to entertain it.

(2) In computing the period of limitation prescribed for any

application, the time during which the applicant has been
prosecuting with due diligence another civil proceeding,
whether in a Court of first instance or in a Court of appeal,
against the same party for the same relief shall be excluded,
where such proceeding is prosecuted in good faith in a Court
which, from defect of jurisdiction, or other cause of a like
nature, is unable to entertain it.

Explanation I - In excluding the time during which a former

suit or application was pending, the day on which that suit or
application was instituted or made, and the day on which the
proceedings therein ended, shall both be counted.

Explanation II - For the purposes of this section, a plaintiff or

an applicant resisting an appeal shall be deemed to be
 prosecuting a proceeding.

Explanation III - For the purposes of this section misjoinder of

parties or of causes of action shall be deemed to be a cause of a
like nature with defect of jurisdiction.

Exclusion of time 15. (1) In computing the period of limitation prescribed for any
during which suit or application for the execution of a decree, the institution
proceedings are or execution of which has been stayed by injunction or order,
suspended the time of the continuance of the injunction or order, the day
on which it was issued or made, and the day on which it was
withdrawn, shall be excluded.

(2) In computing the period of limitation prescribed for any suit

of which notice has been given in accordance with the
requirements of any enactment for the time being in force, the
period of such notice shall be excluded.

Exclusion of time 16. In computing the period of limitation prescribed for a suit
during which for possession by a purchaser at a sale in execution of a decree,
proceedings to set the time during which a proceeding to set aside the sale has
aside execution- been prosecuted shall be excluded.
sale are pending

Effect of death 17. (1) Where a person, who would, if he were living, have a
before right to right to institute a suit or make an application, dies before the
sue accrues right accrues, the period of limitation shall be computed from
the time when there is a legal representative of the deceased
capable of instituting or making such suit or application.

(2) Where person against whom, if he were living, a right to

institute a suit or make an application would have accrued dies
before the right accrues, the period of limitation shall be
computed from the time when there is a legal representative of
the deceased against whom the plaintiff may institute or make
such suit or application.

(3) Nothing in sub-sections (1) and (2) applied to suits to

enforce rights of pre-emption or to suits for the possession of
 immoveable property or of an hereditary office.

Effect of fraud 18. Where any person having a right to institute a suit or make
an application has, by means of fraud, been kept from the
knowledge of such right or of the title on which it is founded,

or where any document necessary to establish such right has

been fraudulently concealed from him,

the time limited for instituting a suit or making an application-

(a) against the person guilty of the fraud or accessory thereto,

or

(b) against any person claiming through him otherwise than in

good faith and for a valuable consideration,

shall be computed from the time when the fraud first became
known to the person injuriously affected thereby, or, in the case
of the concealed document, when he first had the means of
producing it or compelling its production.

Effect of 19. (1) Where, before the expiration of the period prescribed for
acknowledgement a suit or application in respect of any property or right, an
in writing acknowledgement of liability in respect of such property or
right has been made in writing signed by the party against
whom such property or right is claimed, or by some person
through whom he derives title or liability, a fresh period of
limitation shall be computed from the time when the
acknowledgement was so signed.

(2) Where the writing containing the acknowledgement is

undated, oral evidence may be given of the time when it was
signed; but, subject to the provisions of the Evidence Act,
1872, oral evidence of its contents shall not be received.

Explanation I - For the purposes of this section an

acknowledgement may be sufficient though it omits to specify
the exact nature of the property or right, or avers that the time

for payment, delivery, performance or enjoyment has not yet

 come, or is accompanied by a refusal to pay, deliver, perform
or permit to enjoy, or is coupled with a claim to a set-off, or is
addressed to a person other than the person entitled to the
property or right.

Explanation II - For the purposes of this section, “signed”

means signed either personally or by an agent duly authorized
in this behalf.

Explanation III - For the purposes of this section an

application for the execution of a decree or order is an
application respect of a right.

Effect of payment 20. (1) Where payment on account of a debt or of interest on a

on account of legacy is made before the expiration of the prescribed period by
debt as of interest the person liable to pay the debt or legacy, or by his duly
on legacy authorized agent, a fresh period of limitation shall be computed
from the time when the payment was made:

Provided that, save in the case of a payment of interest made

before the 1st day of January, 1928, an acknowledgment of the
payment appears in the handwriting of, or in a writing signed
by the person making the payment.

Agent of persons 21. (1) The expression “agent duly authorised in his behalf,” in
under disability sections 19 and 20, shall, in the case of a person under
disability, include his lawful guardian, committee or manager,
or an agent duly authorised by such guardian, committee or
manager to sign the acknowledgement or make the payment.

(2) Nothing in the said sections renders one of several joint

contractors, partners, executors or mortgagees chargeable by
reason only of a written acknowledgment signed or of a
payment made by, or by the agent of, any other or others of
them.

(3) For the purposes of the said sections-

(a) an acknowledgment signed, or a payment made, in respect

of any liability, by, or by the duly authorised agent of, any
widow or other limited owner of property who is governed by
 the Hindu law, shall be a valid acknowledgment or payment, as
the case may be, as against a reversioner succeeding to such
liability; and

(b) where a liability has been incurred by, or on behalf of, a

Hindu undivided family as such, an acknowledgment or
payment made by, or by the duly authorised agent of, the
manager of the family for the time being shall be deemed to
have been made on behalf of the whole family.

Effect of 22. (1) Where, after the institution of a suit, a new plaintiff or
substituting or defendant is substituted or added, the suit shall, as regards him,
adding new be deemed to have been instituted when he was so made a
plaintiff or party.
defendant
(2) Nothing in sub-section (1) shall apply to a case where a
party is added or substituted owing to an assignment or
devolution of any interest during the pendency of a suit or
where a plaintiff is made a defendant or a defendant is made a
plaintiff.

Continuing 23. In the case of a continuing breach of contract and in the

breaches and case of a continuing wrong independent of contract, a fresh
wrongs period of limitation begins to run at every moment of the time
during which the breach or the wrong, as the case may be,
continues.

Suit for 24. In the case of a suit for compensation for an act which does
compensation for not give rise to a cause of action unless some specific injury
act not actionable actually results therefrom, the period of limitation shall be
without special computed from the time when the injury results.
damage
Illustration

A owns the surface of a field. B owns the subsoil. B digs coal

thereout without causing any immediate apparent injury to the
surface, but at last the surface subsides. The period of limitation
in the case of a suit by A against B runs from the time of the
subsidence.
Computation of 25. All instruments shall, for the purposes of this Act, be
time mentioned in deemed to be made with reference to the Gregorian calendar.
instruments
Illustrations

(a) A Hindu makes a promissory note bearing a Native date

only, and payable four months after date. The period of
limitation applicable to a suit on the note runs from the
expiration of four months after date computed according to the
Gregorian calendar.

(b) A Hindu makes a bond, bearing a Native date only, for the
repayment of money within one year. The period of limitation
applicable to a suit on the bond runs from the expiration of one
year after date computed according to the Gregorian Calendar.

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

Acquisition of 26. (1) Where the access and use of light or air to and for any
right to easements building have been peaceably enjoyed therewith as an
easement, and as of right, without interruption, and for twenty
years,

and where any way or watercourse, or the use of any water, or

any other easement (whether affirmative or negative) has been
peaceably and openly enjoyed by any person claiming title
thereto as an easement and as of right without interruption, and
for twenty years,

the right to such access and use of light or air, way, water-
course, use of water, or other easement shall be absolute and
indefeasible.

Each of the said periods of twenty years shall be taken to be a

period ending within two years next before the institution of the
suit wherein the claim to which such period relates is contested.

(2) Where the property over which a right is claimed under sub-
section (1) belongs to the Government, that sub-section shall be
 read as if for the words “twenty years” the words “sixty years”
were substituted.

Explanation - Nothing is an interruption within the meaning of

this section, unless where there is an actual discontinuance of
the possession or enjoyment by reason of an obstruction by the
act of some person other than the claimant, and unless such
obstruction is submitted to or acquiesced in for one year after
the claimant has notice thereof and of the person making or
authorising the same to be made.

Illustrations

(a) A suit is brought in 1911 for obstructing a right of way. The

defendant admits the obstruction, but denies the right of way.
The plaintiff proves that the right was peaceably and openly
enjoyed by him, claiming title thereto as an easement and as of
right, without interruption from 1st January, 1890 to 1st
January, 1910. The plaintiff is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peaceably
and openly enjoyed by him for twenty years. The defendant
proves that the plaintiff, on one occasion during the twenty
years, had asked his leave to enjoy the right. The suit shall be
dismissed.

Exclusion in 27. Where any land or water upon, over or from which any
favour of easement has been enjoyed or derived has been held under or
reversioner of by virtue of any interest for life or any term of years exceeding
servient tenement three years from the granting thereof, the time of the enjoyment
of such easement during the continuance of such interest or
term shall be excluded in the computation of the period of
twenty years in case the claim is, within three years next after
the determination of such interest or term, resisted by the
person entitled, on such determination, to the said land or
water.

Illustration

A sues for a declaration that he is entitled to a right of way over

B's land. A proves that he has enjoyed the right for twenty-five
years; but B shows that during ten of these years C, a Hindu
widow, had a life interest in the land, that on C's death B
 became entitled to the land, and that within two years after C's
death he contested A's claim to the right. The suit must be
dismissed, as A, with reference to the provisions of this section,
has only proved enjoyment for fifteen years.

Extinguishment 28. At the determination of the period hereby limited to any

of right to person for instituting a suit for possession of any property, his
property right to such property shall be extinguished.

PART V

SAVINGS AND REPEALS

Savings 29. (1) Nothing in this Act shall affect section 25 of the
Contract Act, 1872.

(2) Where any special 4[ * * *] law prescribes for any suit,

appeal or application a period of limitation different from the
period prescribed therefore by the first schedule, the provision
of section 3 shall apply, as if such period were prescribed
therefor in that schedule, and for the purpose of determining
any period of limitation prescribed for any suit, appeal or
application by any special 5[ * * *] law-

(a) the provisions contained in section 4, sections 9 to 18, and

section 22 shall apply only in so far as, and to the extent to
which, they are not expressly excluded by such special 6[ * * *]
law; and

(b) the remaining provisions of this Act shall not apply.

(3) Nothing in this Act shall apply to suits under the Divorce
Act.

(4) Sections 26 and 27 and the definition of “easement” in

section 2 shall not apply to cases arising in territories to which
the Easements Act, 1882, may for the time being extend.

[Repealed] 30-31. [Repealed by section 3 and Schedule of the Repealing

and Amending Act, 1930 (Act No. VIII of 1930).]
 32. [Repealed by section 3 and Second Schedule of the Second
Repealing and Amending Act, 1914 (Act No. XVII of 1914).]

1
Throughout this Act, except otherwise provided, the words “Bangladesh”, `Muslim` and `the High Court Division` were substituted, for
the words `Pakistan`, `Muhammadan` and `High Court` or `a High Court` or `any High Court` respectively by section 3 and 2nd Schedule
of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2
The comma and words “, but includes as Acceding State” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision
And Declaration) Act, 1973 (Act No. VIII of 1973)
3
The word `Government` was substituted, for the words `Central Government` by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
4
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973).
5
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973).
6
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No.
VIII of 1973).

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Ministry of Law, Justice and Parliamentary Affairs